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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26840
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a little brother who is on probation, in Michigan. He

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I have a little brother who is on probation, in Michigan. He was recently kicked out of our dads home and has been living on the street up there. I know that he missed a meeting with his probation officer last week because he was unable to make it in. I was hoping to see if it was possible to get his probation moved down to KY, so he will have a place to stay, and not be living on the streets. Is this possible, and if so how would I go about doing it?
Hello Jacustomer,

While itHi Jacustomer,

The easiest way to transfer your brother's probation to another state would be for him to seek a mandatory transfer via the Interstate Compact. That's the agreement which regulates and provides for the transfer of probationers and parolees from one state to another.

The big problem in his caser right now is that before he can be eligible for a transfer he must be in compliance with all of the requirements of his probation and have no outstanding obligations or payments. Presently, he's missed a reporting date, and he's living on the street, about which he has probably not notified probation. These are two "technical violations," meaning that he didn't get arrested or do anything illegal but he did break two cardinal rules of probation: that he keep his reporting dates and that he alert them of any change in address. He would have to straighten that out first before Michigan would even consider letting him go.

Once that was solved (and that part could be a very big problem depending upon his history with probation and the nature of the difficulty with your father) he would also need to have a valid plan for supervision in the new state: family and a place to stay in the receiving state, and a job which would provide him with a lawful means of support. Once he has this, he can ask his PO to fill out the paperwork for a mandatory transfer and.the PO will have to get this started for him. He cannot move there first and obtain the formal transfer later. Until his transfer is approved he has to stay where he is.

On the receiving end however, once they get his application, the other state has an opportunity (45 days) to check out that his plan is valid. Unless they disapprove of his plan, they cannot deny him the transfer. You can find the information about the Interstate Compact here by clicking on the link. The transfer rules and regs begin on page 23.

So the best thing he can do for himself right now is to get in touch with his lawyer and brainstorm a way to best mend his fences with probation.
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